Shri Rameshbhai Jerambhai Pachani, Surat V. Pr. CIT(Central), Surat

ITA 341/SRT/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4854 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 26-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ASHWIN PAREKH
• Keywords: Revision of order
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRIPAWAN SINGH, JM &DR. A.L.SAINI, AM ./ ITA NO.341/SRT/2019 ( / ASSESSMENT YEAR: (2015-16) (VIRTUAL COURT HEARING) RAMESHBHAI JERAMBHAI PACHANI, E-1, SWAMINARAYAN NAGAR PARK-2, B/H. KALAKUNJ MANDIR, KAPODARA, SURAT V S. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), ROOM NO.501, 5 TH FLOOR, AYAKAR BHAVAN, MAJURA GATE, SURAT. ./ ./PAN/GIR NO.: AICPPS 4417 A (APPELLANT ) (RESPONDENT) ASSESSEE BY : ASHWIN PAREKH, C.A RESPONDENT BY : SHRI SRINIVAS T. BIDARI, CIT-DR / DATE OF HEARING : 27/09/2021 / DATE OF PRONOUNCEMENT : 27/09/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: CAPTIONED APPEAL FILED BY THE ASSESSEE PERTAINING TO ASSESSMENT YEAR 2015- 16, IS DIRECTED AGAINST THE ORDER PASSED BY THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-SURAT NO.PR. CIT(C)/263/RJP/2018-19 DATED 22.03.2019. 2. WE HAVE HEARD LD. AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE AND NOTE THAT ASSESSEES APPEAL IN ITA NO.341/SRT/2019, FOR ASSESSMENT YEAR 2015-16, WHICH RELATES TO UNDER SECTION 263 OF THE ACT, HAS LISTED FOR HEARING TODAY I.E. ON 27.09.2021. LD. AR FOR THE ASSESSEE INFORMS THE BENCH BY WAY OF LETTER DATED 24.09.2021 THAT HE HAS ALREADY FILED AN APPLICATION IN FORM NO.1 AND 2 FOR SETTLEMENT OF ITS CASE UNDER THE VIVAD SE VISHWAS SCHEME 2020. THE ASSESSEES APPLICATION UNDER VIVAD SE VISHWAS SCHEME, FOR U/S 263 OF THE ACT HAS BEEN APPROVED BY THE LD.PR.CIT(C), SURAT, BEARING CERTIFICATE NO.301307241080220 DATED 12.01.2021 IS ALSO PLACED BEFORE THE BENCH.THE ASSESSEE PRAYED FOR WITHDRAWAL OF THE APPEAL TO WHICH, THE LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT RAISE ANY OBJECTION. PAGE | 2 ITA NO.341/SRT/2019 A.Y. 15-1 6 SH. RAMESHBHAI J PACHANI 3. WE HAVE GONE THROUGH FORM-3 FILED BY THE ASSESSEE TO OBTAIN THE BENEFIT OF VIVAD SE VISHWAS SCHEME AND NOTED THAT APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEE AS WELL AS TO THE REVENUE THAT IN CASE, IF THE APPLICATION PREFERRED BY THE ASSESSEE UNDER VSV-2020 DOES NOT GET FINALLY SETTLED FOR ANY REASON WHATSOEVER, THEN BOTH THE PARTIES ARE AT LIBERTY TO PREFER MISCELLANEOUS APPLICATION BEFORE THIS TRIBUNAL FOR RESTORATION OF THIS APPEAL AND IN SUCH EVENT, THE APPEAL SHALL BE RESTORED. THE ASSESSING OFFICER IS DIRECTED TO PASS CONSEQUENTIAL ORDER AS PER CBDT CIRCULAR NO.3/2021 DATED 04.03.2021. 4. IN THE RESULT, APPEAL OF THE ASSESSEE (ITA NO.341/SRT/2019 AY.2015-16) IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED AT THE TIME OF HEARING OF APPEAL ON 27/09/2021 IN THE VIRTUAL COURT OF HEARING. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER SURAT/ / DATE:27/09/2021 DKP, OUTSOURCING SR.P.S. COPY OF THE ORDER FORWARDED TO 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A) 4. PR.CIT 5. DR/AR, ITAT, SURAT 6. GUARD FILE BY ORDER // TRUE COPY// ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT